Minnesota Session Laws - 1996, Regular Session

  
    
KEY: stricken = old language to be removed
     underscored = new language to be added
    
                            CHAPTER 322-H.F.No. 2509 
                  An act relating to public nuisance; clarifying 
                  definition of acts constituting a nuisance; amending 
                  Minnesota Statutes 1995 Supplement, section 617.81, 
                  subdivision 2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1995 Supplement, section 
        617.81, subdivision 2, is amended to read: 
           Subd. 2.  [ACTS CONSTITUTING A NUISANCE.] (a) For purposes 
        of sections 617.80 to 617.87, a public nuisance exists upon 
        proof of two or more separate behavioral incidents of one or 
        more of the following, committed within the previous 12 months 
        within the building, or if the building contains more than one 
        rental unit:  (1) within a single rental unit; or (2) within two 
        or more rental units leased or controlled by the same person:  
           (1) prostitution or prostitution-related activity committed 
        within the building; 
           (2) gambling or gambling-related activity committed within 
        the building; 
           (3) keeping or permitting a disorderly house within the 
        building; 
           (4) unlawful sale, possession, storage, delivery, giving, 
        manufacture, cultivation, or use of controlled substances 
        committed within the building; 
           (5) unlicensed sales of alcoholic beverages committed 
        within the building in violation of section 340A.401; 
           (6) unlawful sales or gifts of alcoholic beverages by an 
        unlicensed person committed within the building in violation of 
        section 340A.503, subdivision 2, clause (1); or 
           (7) unlawful use or possession of a firearm in violation of 
        section 609.66, subdivision 1a, 609.67, or 624.713, committed 
        within the building. 
           (b) If the building contains more than one rental unit, two 
        or more behavioral incidents must consist of conduct: 
           (1) by the same tenant or lessee, or persons acting in 
        conjunction with or under the control of the same tenant or 
        lessee; 
           (2) within the same rental unit while occupied by the same 
        tenant or lessee or within two or more rental units while 
        occupied by the same tenant or lessee; or 
           (3) by the owner of the building or persons acting in 
        conjunction with or under the control of the owner. 
           (c) Proof of a nuisance exists if each of the elements of 
        the conduct constituting the nuisance is established by clear 
        and convincing evidence. 
           Sec. 2.  [EFFECTIVE DATE.] 
           Section 1 is effective June 1, 1996. 
           Presented to the governor March 14, 1996 
           Signed by the governor March 15, 1996, 10:55 a.m.